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D 103: The consulting archaeologist was contracted to conduct a limited scope-of-work that did not <br /> involve an examination of all extant literature and information. It is believed,however,that the <br /> sources of these "intense and scattered resources" have been adequately identified. Refer to <br /> response A 1. <br /> D104: Comment acknowledged. No wire mesh is being placed over known burials, although the <br /> identified sites may potentially contain human remains. <br /> D 105: The mitigation measures called for by CDFG for the protection and replacement of the lost <br /> Swainson's hawk habitat speak to this comment. <br /> D 106: The issue of public access and general plan consistency was addressed in the DEIR, Chapter 4.1. <br /> The commenter should also refer to comments from the State Lands Commission in this report. <br /> D 107: Opinion noted. <br /> D 108: Opinion noted. <br /> D109: The EIR consultants have recommended reasonable mitigation measures to offset the impacts of <br /> the proposed project. Whether this project with mitigation meets the requirements of the <br /> California Endangered Species Act will depend upon California Department of Fish and Game <br /> regulations. <br /> D1 10: Only the applicant can respond to this question. <br /> DI 11: The EIR authors cannot speak to the motive of the applicants. Trees were cut before the <br /> application was filed. The County does not have a heritage tree ordinance upon which this <br /> cutting could be evaluated for compliance. <br /> D 112: Comment acknowledged. Refer to response D4. <br /> •113: The consulting archaeologist has observed that the majority of the sites are located on high <br /> ground around the lakes. Only one site (CA-SJO-43)was located on the bank of the river. <br /> •114- <br /> •115: Comments noted. <br /> D 116: The purpose of the educational pamphlet is to inform homeowners of the important of the site <br /> as a wildlife habitat. Furthermore, the development's CC&Rs can restrict outdoor cats. This <br /> in effect becomes a policing tool. While some cats may "escape" to the outside,these measures <br /> will help to deter most. <br /> D1 17: Comment acknowledged. Refer to response B15. <br /> D 118: National Register eligibility determinations are made in the context of federal projects. Since the <br /> proposed project is subject to CEQA only,National Register determinations are not required and <br /> there is no regulatory mechanism to pursue such evaluations. <br /> VI-164 <br />